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CARTER v. SKELLY OIL CO.

No. 43,145

191 Kan. 474 (1963)

382 P.2d 277

CAMERON E. CARTER and MARGARET M. CARTER, as Administrators of the Estate of William E. Carter, Deceased, Appellees, v. SKELLY OIL COMPANY, a Corporation, TOM KEPLINGER, RAY ROTHGEB, and AL STEINLE, Appellants.

Supreme Court of Kansas.

Opinion filed June 8, 1963.

Attorney(s) appearing for the Case

Richard M. Driscoll, of Russell, argued the cause, and Jerry E. Driscoll, also of Russell, and Sam C. Oliver, of Tulsa, Oklahoma, were with him on the brief for the appellants.

J. Eugene Balloun, of Great Bend, argued the cause, and Oscar Ostrum, of Russell, was with him on the brief for the appellees.

The opinion of the court was delivered by

SCHROEDER, J.:

This is a negligence action based upon the doctrine of attractive nuisance. It is brought by the administrators of the estate of William E. Carter, deceased, pursuant to authorization granted by the probate court. The trial court overruled the joint and separate demurrers filed by the defendants, and appeal has been duly perfected from such orders.

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